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(영문) 부산지방법원 2016.12.02 2016고단2079
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On April 18, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on April 18, 201, and completed the execution of the sentence in the Changwon Prison on December 24, 2014, and the same kind of electricity has eight times more.

Although the Defendant was not a person handling narcotics, at around 05:0 on April 23, 2016, the Defendant administered narcotics, etc. by inserting approximately 0.03g of Mepta (one philopon) 0.03g, which is a psychotropic drug that was dried from D, a social ex post facto, with knowledge of about about 10 years, around April 23, 2016, by inserting approximately 0.03g of Mepopa (one philopon) into a single-use injection machine and dilution with water.

around August 21, 2015, the Defendant: (a) placed about 0.03 g of psychotropic drugs in a single-use injection machine; (b) put about 0.03 g of psychotropic drugs in a single-use injection machine; (c) injected them into the left arms, and administered them.

Summary of Evidence

[2016 Highest 2079]

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Notice of the results of an evaluation of drilling (the results of the evaluation of hair) and the notification of the results of an evaluation (the results of the evaluation);

1. Seizure records;

1. A investigation report (related to collection) (2016 high-ranking2347);

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each written appraisal (No. 5,8) ;

1. Reports on internal investigation (verification of details A of statements by the suspect), investigation reports (matters stated by the suspect);

1. Each protocol of seizure;

1. Previous records of a criminal investigation report (additional collection): Application of Acts and subordinate statutes to criminal records, criminal investigation reports (recognating repeated offenses and verifying the date of final release from prison);

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. under Relevant Acts concerning criminal facts, and choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the scope of recommendations), medication, simple possession, etc. are set forth in the third category.

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